SHOBHA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) HAVING heard both of them and taking into consideration the case of the parties as has been put forth in the writ application as also in the counter affidavit filed on behalf of respondents no. 4 and 5, it does appear that pursuant to advertisement no.02/2002 dated 24.4.2002 issued by the District Administration, Hazaribagh, several candidates including the five petitioners after submitting their applications underwent process of selection and came out successful. Accordingly, names of the petitioners were empanelled in the panel prepared by the Selection Committee. Thereupon names of 28 persons, as per request made by respondent no.5 for filling up the vacant posts, were sent for their appointment on class IV post in the said school but the selection committee of the school found only six candidates including these five petitioners to be eligible for the appointments on class IV posts in the said school, namely, Indira Gandhi Residential Girls School, Hazaribagh but still they have not been appointed for the reason, as has been disclosed in the counter affidavit, that names of six persons including the petitioners, who were found suitable were forwarded to the Director, Secondary Education, Department of Human Resources, Government of Jharkhand, Ranchi for according approval but when no response was received, the matter was referred to the Secretary, Department of Human Resources, Jharkhand for according approval but from there also they have not received any response. However, from the statement made in the counter affidavit filed on behalf of respondent no.4, the Director, Secondary Education, H.R.D, Jharkhand, Ranchi it does appear that when the Principal made request for according approval in the matter of appointment of these petitioners in the school, it was communicated to the Principal that it is the Governing Body of the school, who is competent to take decision in the matter of appointment on the non -gazetted posts and thereupon, Director, Secondary Education, Government of Jharkhand made request from Deputy Commissioner, Hazaribagh to do needful in the matter of appointment of those six persons including the petitioners. Thus, it is quite evident from the circumstances the case, as stated above, that for no valid reason petitioners are being not appointed in the school, though the matter is pending since 2005.

(3.) WITH the aforesaid direction, this writ application is disposed of.